Nowadays, many couples who decide to end their marriage are attempting to resolve all of their disputes through Divorce Mediation in New Jersey. David Salvaggio was one of the first New Jersey divorce lawyers to receive special training in Divorce Mediation. Although Divorce Mediation may not be the best way to initially proceed in every New Jersey divorce case, it can often be used effectively to try to narrow the parties’ differences.
What is New Jersey Divorce Mediation?
Divorce Mediation is a confidential process in which the parties utilize a neutral person (a trained mediation professional) to help them reach their own agreement on all issues which need to be resolved as part of their New Jersey divorce.
Four Important Principles About Divorce Mediation
There are four (4) important principles which the parties must understand before they begin the Divorce Mediation process:
- Divorce Mediators do not give legal advice.
- Divorce Mediators do not and cannot represent either party.
- Divorce Mediators have no power to make decisions. The role of a Divorce Mediator is that of a “third-party neutral,” who assists the divorcing parties in hopefully arriving at their own mutually acceptable tentative resolution of all issues.
- The end result of a successful Mediation is the preparation by the Divorce Mediator of a Memorandum of Understanding (“MOU”). The MOU is not binding. It should be reviewed by each party with a separate attorney of that party’s choosing and, if acceptable, should be embodied in a binding Settlement Agreement to be signed by both parties.
I would definitely refer someone to Salvaggio Law Group LLC. I work with many attorneys as part of my profession and found them to be talented, well versed in the law, and good negotiators who ensured that a fair and reasonable outcome was achi...Read More
I would definitely refer someone to Salvaggio Law Group LLC. I work with many attorneys as part of my profession and found them to be talented, well versed in the law, and good negotiators who ensured that a fair and reasonable outcome was achieved. They were always better prepared and more knowledgeable than the other side's attorney. They also showed me how I could save time and legal fees by doing a lot of the documentation work myself. All of my calls and e-mails to Salvaggio Law Group were promptly addressed, and their interactions with me were always very professional and courteous.Read Less
I would definitely refer someone to Salvaggio Law Group LLC. I work with many attorneys as part of my profession and found them to be talented, well versed in the law, and good negotiators who ensured that a fair and reasonable outcome was achi...
Frequently Asked Questions on Divorce Mediation
Although some New Jersey divorce cases can only be resolved through litigation, in the appropriate case mediation is a much better alternative.
Five Advantages of Divorce Mediation:
- Mediation allows parties to maintain greater control of their lives and make their own decisions. Unlike in litigation, each mediating party is able to communicate directly through the mediator, who will listen to the issues and try to guide the parties to a solution.
- The mediation process fosters understanding, cooperation, and agreements that work for both parties.
- Mediation usually costs less money and takes less time than litigation.
- Compliance with agreements reached following mediation is often higher than with court-imposed judgments.
- The mediation process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.
Despite its advantages, Divorce Mediation is not appropriate in all cases.
It is important for the parties to select an experienced New Jersey Divorce Mediator, who will recognize these instances when they arise and direct that the parties resolve any disputes in another manner.
Five Situations When Divorce Mediation Must Be Terminated
Divorce Mediation must be terminated when one spouse:
- Is unwilling to present all financial documentation;
- Has the goal of financially harming the other spouse;
- Is unable to state what he/she needs and negotiate in the presence of the other spouse;
- Cannot make decisions; or
- Is unwilling to take responsibility for his/her decisions.
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